This week our legal expert Matt Parr answers a question about Bone Marrow Donation for gay men in the United Kingdom.
Dear Matt,
I know that gay men can’t currently give blood – but I was wondering about bone marrow. If someone in my family was to need my bone marrow for surgery can I legally give it? Also if I just wanted to give bone marrow to anyone, regardless of any family connection is this possible or legal?
Love what you do…
OT Horne
Thanks for your question, it’s great that you have thought about the need to donate bone marrow.
The main difference between the donation of blood and bone marrow however is that to donate bone marrow you would first need to have a thorough medical examination before being permitted to donate it.
You’re mistaken in your perception that gay men cannot donate blood full stop; the criteria recently changed in 2011 and it is now only if they have had anal or oral sex with a man in the last 12 months with or without a condom will they not be permitted to donate. This is simply because of the increased risk of the unknown exposure to HIV/AIDS. In order to donate bone marrow through NHS Blood and Transplant you need to already have joined the blood donor list. Effectively, therefore the same criteria apply to the donation of bone marrow as to blood.
NHS Blood and Transplant rely on people being as honest as possible (and realistic) when questioning them on the possibility of them being HIV positive (backed up by their own stringent screening processes, which of course are never fail safe).
If donating through the Anthony Nolan charity, however, then you will not be permitted to donate if you (or your partner) are, or think you are HIV positive or you are involved in high-risk sexual practices that may increase your exposure to sexually-transmitted diseases (amongst others). In essence, the decision as to whether you can donate will depend on a number of factors, both sexual and health related- not sexuality.
There is no strict 12 month time frame of celibacy prior to donating.
The best advice I can give you is consider contacting the NHS Blood and Transplant service to discuss the process. If you are a sexually active gay man then your options are limited to donating through Anthony Nolan.
The introduction of gay marriage into UK law (except in Northern Ireland) could be described as the most significant step in gay and lesbian rights since the decriminalisation of homosexuality in 1969.
This is the second in a series of articles dealing with the rights of LGBT renters.
In our first article we dealt with new laws preventing retaliatory eviction. We touched on complaints to a landlord, but when can you complain – what are your rights?
The right to live in a safe property
This is the big one. Your landlord has obligations to ensure that any gas appliances are checked annually by a GasSafe qualified engineer – they have to obtain a certificate and, if they don’t provide this to you when you ask, alarm bells should ring. Speaking of alarms, landlords are also legally required to have smoke detectors and carbon monoxide alarms installed in all rented premises. If they fail to do any of these things they are committing a criminal offence and can be prosecuted.
A landlord is also required to ensure that a property is fit for human habitation at the start of the tenancy, and they have to make sure that the house or flat you are in is not “prejudicial to health”. This means that, if your bedroom is damp and causing you breathing problems, you could be entitled to compensation from the landlord. You could also be entitled to compensation if there are problems with the structure of the building, or with the electrics, gas or water.
So what should you do if the roof is leaking, mould is growing up the walls and there is no hot water? Complain to the landlord (or managing agent) as soon as a problem arises. If there is no response, speak to a housing officer at your local council about the steps you can go through to rectify the problem. And make sure you record everything. Photograph any mould (phone cameras usually record the date of any photographs). Keep all correspondence from the council. Communicate by email with your landlord: this means both you and your landlord (and, if necessary, a judge) will be able to see who said what and when.
The right to have your deposit protected in a government-approved scheme
For a few years now, tenants have enjoyed the security of deposit protection schemes. This means that a landlord must, within 30 days of payment, send you a certificate proving that they have protected all of your deposit. They must also provide you with a booklet issued by the scheme which explains how the deposit protection scheme works. From early 2016, there will be a requirement for the landlord also to provide you with guidance on renting more generally. A failure to do any of this will mean that they cannot serve you with a non-fault eviction notice (“also called a section 21 notice”). Note that we will deal with eviction notices in the next article. If the landlord doesn’t protect your deposit, you will also be entitled to compensation and a court order that the landlord either protects the deposit or returns it to you immediately.
The right for any managing agent to be licensed
Since October last year, all managing agents are required to be part of a government-approved regulation scheme. If they are not, they can be fined by the local council. All the major agents are members, but if you are renting through a smaller agency that is going to manage the property, don’t be afraid to ask for proof.
In addition, in many metropolitan boroughs, all landlords of residential premises must be licensed. Check the web page of your local council to see if this applies to your area. If you’re lucky enough to live in the land of song, compulsory registration of all landlords of Welsh homes was introduced on 23 November this year. It also looks very likely that, under a proposed new law, rogue landlords may be banned from renting out residential property at all. This is all good news for tenants.
Summary
There is a raft of law protecting you as a tenant. Usually, if you are a good tenant and a problem arises with your home, a polite request that it be rectified is enough to solve it. But if you feel like your landlord is out of order or he/she is just ignoring you, the chances are that there is a legal mechanism to force him or her to sort things out. If this happens, speak to the citizens’ advice bureau, Shelter (a charity) or get legal advice.
David Peachey is a barrister at Enterprise Chambers. Charles Irvine is a barrister at 1 Gray’s Inn Square Chambers. They both undertake cases in property, probate and co-ownership. This article is for general information only and you should contact a property specialist if you require advice about your individual circumstances.
It is a fact of modern life – a vast majority of us rent our accommodation. This is the first in a series of articles dealing with your rights as a renter. This week we deal with retaliatory evictions.
One of the worst aspects of renting is the lack of stability – private landlords can evict you for no reason. All they have to do is give you two months’ notice (although there are strict rules as to the date on which the notice should expire).
Most people would agree that a landlord should be able to evict a tenant when there is unpaid rent, or where the tenant is trashing the property. However, some landlords will evict you on unreasonable grounds. They may try to evict you because you have complained about the property being in a poor state of disrepair. Or they may decide to do so because you are LGBT.
Complaining about the property
Some landlords may decide to evict a tenant if he or she complains about the state of the rented property. Here we are putting ups with dodgy boilers, out of date gas certificates and missing smoke alarms (which are now required by law in rented properties) because we are afraid we may be evicted if we complain. It also means that landlords evict tenants and get new ones in, rather than solving serious faults with the property.
All that changed on 1st October 2015. Now, a landlord’s ability to evict you for making a complaint about a “hazard” at your rented property is restricted. In order to obtain this protection, you need to involve your local council. The first method is easy – complain to your local council, and if they tell the landlord to rectify the situation then the landlord cannot serve you with an eviction notice (called a section 21 notice) until six months later. That gives you the right to stay for at least eight months (the six month period plus the legally required two month notice period) in the property, from the day that the council complains to your landlord.
However, you may think it makes more sense just to write to the landlord to complain. If you do this and the landlord attempts to evict you as a result, you will need to inform the local council who should, if they agree that the property is in need of repair, tell the landlord to rectify the issue. This then gives you protection against retaliatory eviction.
LGBT tenants
It is disappointing for LGBT renters that there is no framework to prevent retaliatory eviction as a result of a landlord discovering that his renters are LGBT. It is illegal for a landlord to discriminate against someone for being LGBT when initially renting out property (unless it is a lodger in the landlord’s home), but this does not, it seems, apply once an LGBT tenant has moved in.
However, most landlords are far more concerned with getting regular rent payments than with gender identity, sexual orientation or ethnicity, so once you are in situ this is unlikely to be an issue. A landlord can still evict you if you fall into rent arrears and cannot repay them before he gets to court. But if you stay up to date with rent and comply with your tenancy agreement, the landlord will probably ignore any personal gripes he may have about your actual or perceived sexual orientation or gender identity, and leave you to enjoy your home in peace.
David Peachey is a barrister at Enterprise Chambers. Charles Irvine is a barrister at 1 Gray’s Inn Square Chambers. They both undertake cases in property, probate and co-ownership. This article is for general information only and you should contact a property specialist if you require advice about your individual circumstances.
It is estimated that we will spend around £1.9 billion on “Black Friday” this year, with even more being spent when the January sales begin.
It is estimated that we will spend around £1.9 billion on “Black Friday” this year, with even more being spent when the January sales begin.
So what are your rights when you have just bought on impulse a 55 inch TV that doesn’t fit on your 40 inch wall or the washing machine of your dreams doesn’t work?This article sets out your basic statutory rights which every retailer has to comply with when dealing with a consumer (who is any individual mainly acting outside of their business, trade, craft or profession). These rights have changed as of 1 October 2015 and give you added protection. It may be that the shop you buy products from gives you additional rights (such as a returns policy for when you change your mind about goods bought in store), so always check the retailer’s terms and conditions of sale (which are normally found online).
Buying in Store
You have the right to a full refund within 30 days if you buy a faulty product. So for example, if you buy a kettle and when you turn it on for the first time, realise that it doesn’t reach boiling point (therefore, it is faulty), you are entitled to a full refund immediately if you return it within 30 days.
If only some functions of the kettle work (e.g. the “reheat” button doesn’t work) and you notice the defect within 6 months, you are entitled to either a repair or a replacement. If it cannot be replaced or repaired, you are entitled to a full refund.
There are additional requirements that traders must comply with, such as the requirement that goods are of satisfactory quality (i.e. continue working for a reasonable period of time), fit for the purpose you specify, match their description and match a model or sample that has been given to you.
Buying Online
We spend on average over £815 million a week on online purchases and this is growing by over 10% every year. During the sales season, this figure increases significantly (especially in the advent of “Black Friday”). Buying online is often a cheaper way to shop and it affords you additional rights compared to buying in store. You will have all the same rights as you would have in store. You also have up to 14 days after receiving your goods to change your mind and receive a full refund (this excludes certain situations such as where you have ordered a made-to-measure product).
There are also additional rights for you if you are buying services (e.g. a plumper to install that washing machine of your dreams) or if you purchase digital content (e.g. this magazine online, Adele’s new album etc). There are also special provisions for unfair contract terms (such as when you are tied into your mobile phone contract for a significant period of time or have a long notice period).
Charles Irvine is a barrister at 1 Gray’s Inn Square Chambers and David Peachey is a barrister at Enterprise Chambers, with expertise in helping businesses and their customers. This article is for general information only and you should contact a legal advisor if you require advice on your individual circumstances.
by Charles Irvine and David Peachey
News that the Court of Appeal has refused the application of a gay man for his husband to be treated in the same manner upon his death as a surviving heterosexual spouse has underlined that the principal of equality does not extend to every area of the law.
If you are on social media, then you may be aware of the controversy surrounding Facebook’s new ‘authenticity’ policy, which requires users to use their legal identity rather than a pseudonym.
This policy has been met with resistance from LGBT groups who are concerned they may be ‘outed’ to any member of the public. Further, it means employers, clients and customers can see what you did this weekend.
Zee Hussain, Employment Partner at Colemans-ctts (a trading style of Simpson Millar), provides an overview of your rights and provides guidance to ensure your professional and private lives remain separate.
Be aware of how to manage your settings.
On most social media platforms, you can choose what information can be displayed to the public, which extends to photographs, status updates and personal information. Facebook will allow you to put friends into groups with differing levels of privacy. Check the privacy policies concerned and adjust accordingly.
Know your own rights.
Whilst it is not unlawful for employers to search your social media profile, it is unlawful for them to discriminate against you due to a protected characteristic, such as your sexuality, gender, race, religion or disability. Therefore, if it is clear from your profile that you have a same-sex partner and the employer uses this as a reason to reject your job application, then this may mean you can make a claim under the Equality Act 2010.
Employers that conduct searches can use external agencies to ensure they do not fall foul of the law. You are entitled to request a copy of any information that may be held on you under the Data Protection Act 1996.
Make sure you know your employers social media policy.
Different employers have a different approach to social media. Some will allow you to access your social media during worktime, some won’t. There may well be guidelines you are expected to follow to ensure your employers, and your own reputation, remain in tact.
Don’t name and shame your clients.
In the case of Preece –v- JS Wetherspoons, Ms Preece was a manager of a pub and had to bar an elderly and abusive couple one evening. She then went onto name and shame the couple and their antics to her Facebook friends, which unfortunately included the couple’s daughter. The tribunal found that the employer was justified in dismissing Ms Preece despite her many years of service.
Watch your (virtual) mouth.
Even years later, ranting on about how unreasonable your boss has been, how you are sick of your job, or even that you are hungover at work can come back to haunt you. In British Waterways Board v Smith, Mr Smith had posted numerous status updates which made derogatory comments about his work and indicated he had been enjoying a cheeky beer whilst on standby. Whilst there were no immediate consequences, Mr Smith was dismissed following an investigation some two years later.
Unwanted conduct = harassment.
Adding colleagues to your social media network is becoming the norm, and the office is increasingly a place where romantic partners meet. However, flirty text messages and risqué snapchat messages are not always welcome. Likewise, those off-colour jokes don’t sit well with everyone.
Harassment is where unwanted conduct, whether of a sexual nature or related to a protected characteristic, creates a working environment that that is offensive, hostile, humiliating or intimidating to work in. Therefore, your employer can take disciplinary action against you (or a colleague) in this situation. If you are receiving messages from a colleague, then do turn to your employer for help if you are made to feel uncomfortable.
Don’t be this girl.
A few years ago a facebook post from a girl known as Lindsay went viral for all the wrong reasons. Lindsay had posted a status which said,
“My boss is a total pervvy *****, always making me do **** stuff to **** me off!”
Her boss got the final word by replying directly to the status:
“Firstly, don’t flatter yourself. Secondly, you’ve worked here 5 months and didn’t you work out that I’m gay? Thirdly, that ‘**** stuff’ is called your ‘job’, you know, what I pay you to do. But the fact that you seem to be able to **** up the simplest of tasks might contribute to how you feel about it.
“And lastly, you also seem to have forgotten that you have 2 weeks left on your 6 month trial period. Don’t bother coming in tomorrow.
“I’ll pop your P45 in the post and you can come in whenever you like to pick up any stuff you’ve left here. And yes, I’m serious.”
If there is one thing that will have hurt Lindsay more than receiving her P45, is the fact that the whole world seemed to enjoy her boss getting his own back.
Social Media is a public forum, and in the click of a button, a comment or picture can be shared with thousands of users. We would recommend acting accordingly.
It remains to be said that using social media as a means of communicating is clearly now a way of life. Posting messages may now be almost second nature, however, by remaining vigilant and attentive when using social media well certainly help avoid any difficult situations especially when it comes to work.
Check out our free online legal clinic – where you can also ask questions from our expert legal team.
In recent months, the transgender community has faced a large degree of media attention, which not only has encouraged discussion around transsexual individuals, but has also shone light on the rights of individuals, no matter their gender or sexuality.
Most notably, Caitlyn Jenner has been the centre of attention and whilst she has attracted an overwhelming level of support, there were still those who voiced their hostility towards her. Most notably, musician Drake Bell insisted on calling her ‘Bruce.’ There have also been further high profile cases including the case of Leyth Jamal who made a claim against Saks Fifth Avenue stating that she was told to use the men’s bathroom, told to dress more masculine, and eventually dismissed for being transgender.
Unfortunately, cases such as these represent the tip of the iceberg for those undergoing gender reassignment, many of whom face abuse, discrimination and harassment from those around them.
On a positive note, however, businesses and employers globally are now taking note of the importance of diversity in the workplace and are changing their approach accordingly. High profile employers such as Goldman Sachs and Barclays are already leading the way for acceptance and integration of LGBT employees. Like many other organisations, they recognise the need to retain the very best talent.
Advice to individuals who are considering, or undergoing, transitioning to their target gender is conflicted at times and is often informed by US law, which is very different to our own. To follow are some common questions that we as a law firm have received from the transgender community, which we hope will provide guidance on your rights in the workplace.
Here we look at your frequently asked questions about your rights.
What does the law say?
What about gender queer individuals, or those who adopt a different gender temporarily (e.g. transvestites)?
I have heard my employer can dismiss me for being transgender – is this true?
Do I have to disclose that I am transgender?
I have decided to live life as my target gender, how do I ‘come out’ to my colleagues?
My colleagues have been largely supportive, but there is one who is making me really uncomfortable by joking about my physical appearance and changes. What do I do?
I have various treatments planned as part of my gender reassignment? Am I entitled to time off?
In Summary
Fortunately, social media has made conversations regarding gender reassignment easier and employers are becoming increasingly understanding of the issues faced by transgender employees. There are employers who will provide an environment where you are allowed to be your authentic self and rewarded for your skills and experience. Importantly, if there are evident signs of bullying or harassment concerning your gender or sexuality, speak to your manager or seek advice from a third party – don’t sit in silence, the law is there to protect you.
By Zee Hussain, partner and Head of the Employment Department at Colemans-ctts
